Visa After Refusal: What to Do Next
f you’ve recently had an Australian visa refused, you might be uncertain about your next steps. Can you submit a new application for another visa or a different type? Is appealing the refusal an option? Does your location—inside Australia or overseas—affect your choices? Do you need a sponsor to appeal?
In this guide, we’ll cover the basics of what you can do after the Department of Home Affairsdenies your visa.
Refusal Is Different To Cancellation
If your visa application is not approved and you don’t withdraw it, it will be considered “refused.” Visa refusal is different tovisa cancellation. If you’ve been granted avisa and that permission is then taken away from you, that is a “cancellation. In such cases, the Department of Home Affairs will notify you that yourvisa is “cancelled”.
Who Can Cancel My Visa?
Your employer or partner cannot cancel your Visa. Only the Department of Home Affairs has the authority to effect visa cancellations. While the Department can use information provided by your employer or partner, it is incorrect for them to claim they can cancel your visa themselves. Only the Department has this power
Reasons Your Visa Is Refused Or Cancelled
When a decision is made to refuse or cancel a visa, the notification of the decision to refuse or cancel is usually accompanied by another document. This other document will detail the reasons why your visa has been refused or cancelled. It’s important to understand what these reasons are.
Whether you can reapply depends on your specific circumstances. Your application might be denied for various reasons, but they generally fall into two main categories:
Non-Character-Related Refusal or Cancellation
This type of visa refusal and cancellation is the most common. For instance, if you unintentionally provided false information on your application, it could be denied. Similarly, failing to meet the criteria for a specific visa may lead to refusal.
Generally, this type of refusal or cancellation will not prevent you from submitting future applications, although there are notable exceptions.
Character-Related Refusal or Cancellation
This cancellation occurs if you fail the “character test,” which is a serious issue. The government can cancel or deny your visa for failing the character test. This situation typically affects individuals with extensive criminal records, those who have committed offenses, broken Australian migration laws, or engaged in serious criminal conduct.
The Toughest Cases
It is difficult to appeal a refusal or cancellation based on character-related grounds. It is difficult, but not necessarily impossible.
A character-based visa denial or visa cancellation can result in a permanent exclusion from Australia.
You can expect to be detained and you will have difficulty in getting a bridging visa (to exit detention) while any appeal is pending.
Can You Appeal?
Depending on the circumstances of your case, including the basis of the refusal or cancellation, and how recent it was, you may be able to appeal. In some limited cases, you may be able to make a new visa application.
The opportunities for appealing an adverse decision or applying for a different visa will vary, depending on your case.
Don’t Hide Refusal And Cancellation Decisions
If you have had a visa application refused or been subject to a visa cancellation in the past, you must declare this when applying for future visas with the Department of Home Affairs. The previous adverse decision will likely impact your eligibility for future visas.
Avoid omitting past visa refusals or cancellations. Immigration authorities will discover if you fail to disclose this information. Be honest, as misleading the Department about your immigration history can lead to serious consequences.
Take Action Immediately
Re-Apply Or File An Appeal
Your next step depends on the reasons for your visa refusal or cancellation, and the type of permission that has been denied or cancelled.
In some situations, you may just need to complete a new or different visa application, which could lead to approval.
Alternatively, you might need to appeal the adverse decision. Most onshore visa applications allow you to appeal to the Department of Immigration. Additionally, some offshore visa applications with a sponsor may also have appeal rights.
Revocation of Cancelled Visas
Revocation typically involves Visa cancellations under section 501 of the Migration Act or cancellations when the visa holder is abroad. If this applies to you, you need to apply for revocation within a specified period. Additionally, ensure that your submission addresses all required points to be considered.
In certain situations, you must file for revocation of a cancellation decision within the designated timeframe. Furthermore, your submission must cover specific points to qualify for consideration.
Your next step!
To find out which option is right for you, get in touch with Nilesh Nandan at MyVisa Immigration Advisory for a case review and discussion about your options. Together, we can determine the best path forward if you have been subjected to visa cancellation or refusal in Australia. Contact us online now to get started.
663 Responses
Hi my visa is on appeal at the moment. But my Employer is willing to sponsor me, is possible if I apply for other visa while on appeal
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The answer is no unless you hold a substantive Visa. I expect that you hold of Visa in association with the appeal that you have lodged. This means you will need to go offshore to make any application for a subclass 482 Visa. There is one possibility and that is lodging an application for a subclass 494 Visa. Note that also 491 Visa and 190 visas are now possible to be applied for inside Australia even though you hold a bridging Visa only and you have been refused or have had a Visa cancelled since last entry Australia. This is known as the section 48 problem.
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Nilesh Nandan
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Immigration Lawyer | Special Counsel
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Hi SIR,
My student visa got rejected and I don’t have any gap, i want to reapply again so what are the chances of getting visa.
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Unfortunately I do not understand your question. Is it just me or have I missed crucial information?
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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Hlo sir, my 485 visa got rejected today and the reason mentioned was due to not providing the pte result. I booked my pte exam before lockdown and it was cancelled because of lockdown. While my agent applied for 485 visa he didnot upload the pte cancelled mail. Is there any alternatives or solutions to it
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
This is a similar problem that comes up quite a bit and has some pretty tragic consequences.
You should booking to discuss your matter urgently with a suitably qualified professional.
X10
Dear sir.Please help me to get my partner visa refusal letter.I got picture ID card and tax file number.During pandemic I had money problem and I thought if I got corrona I have no Medical facilities.Before I leave I couldn’t contact immigration consultor.i came to Sri lanka.silvaanne775@gmail.com.So many people
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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1300558472
Hlo sir! My Australian student visa was recently refused by migration act 500.212 can I reapply again?
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Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. Yes. You can reapply.
2. Be sure to address the issues raised in the decision record sent to you with your notification of refusal of your earlier application.
3. There is no specific time period that you must wait before making the next application.
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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1300558472
Hi, I am holding a BVE (Subclass 050) and can I apply for temporary shortage skills visa 482 or the like? My employer is ready to sponsor.
Thank you very much for your question.
I am intrigued by the fact that you hold a bridging Visa E. This is likely because you have had a Visa cancellation in the past or you might have been unlawfully present in Australia in the past. Could you please detail your circumstances?
I would take particular note of the section 48 problem and also take particular note of the requirements for a subclass 482 in terms of these is required to be held at the time of application for d subclass 482.
It is highly likely that you might be required to go overseas in order to lodge your 402 application although the sponsorship and nomination for this application might be able to be lodged while you are still inside Australia.
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*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
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I applied for a student visa class 500 with my husband and I was granted and he was refused because he unintentionally forgot to declare a visa refusal from 2015.
We are not yet in Australia as I hate to travel without him.
Is it advisable for him to reapply immediately with all the necessary documents even from the last visa refusal?
Hi sir,
I want to apply for a visitor visa for my parents to come for my graduation in Australia. But my parents have a student visa rejection (due to lack of funds shown) dating back to 2005, which is 17 years ago. But we don’t have any information regarding this visa rejection, and the agent that did the application is not to be found. So just wondering whether we must disclose this rejection in the visa application or is it alright not to considering it is more than 15years ago. Thank you your reply is highly appreciated.